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To amend sections 2152.20, 2981.01, 2981.11, and
2981.13 of the Revised Code to
eliminate
unnecessary and inconsistent language
mistakenly
retained by Sub. H.B. 241 of the 126th
General
Assembly, to include
in the law's forfeiture
provisions language regarding the
Department of
Taxation that was omitted by that act, and to
declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2152.20, 2981.01, 2981.11, and
2981.13 of the Revised Code be
amended to read as follows:

Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter:

(1) Impose a fine in accordance with the following schedule:

(a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars;

(b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars;

(c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars;

(d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars;

(e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars;

(f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars;

(g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars;

(h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars;

(i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars;

(j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars;

(k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars.

(2) Require the child to pay costs;

(3) Unless the child's delinquent act or juvenile traffic
offense would be a minor misdemeanor if committed by an adult or
could be disposed of by the juvenile traffic violations bureau
serving the court under Traffic Rule 13.1 if the court has
established a juvenile traffic violations bureau, require the
child to make restitution to the victim of
the
child's delinquent
act or juvenile traffic offense or, if the victim is deceased, to
a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act or
juvenile traffic offense.
The court may not require a child to
make restitution pursuant to this division if the child's
delinquent act or juvenile traffic offense would be a minor
misdemeanor if committed by an adult or could be disposed of by
the juvenile traffic violations bureau serving the court under
Traffic Rule 13.1 if the court has established a juvenile traffic
violations bureau. If the court requires restitution under this
division, the restitution shall be made directly to
the victim in
open court or to
the probation department that
serves the
jurisdiction or the clerk
of courts on behalf of the
victim.

If the court requires restitution under this division, the
restitution may be in the form
of a
cash reimbursement paid in a
lump sum or in installments, the
performance of repair work to
restore any damaged property to its
original condition, the
performance of a reasonable amount of
labor for the victim or
survivor of the victim, the performance of
community service work,
any other form of restitution devised by
the court, or any
combination of the previously described forms of
restitution.

If the court requires restitution under this division, the
court may base the restitution order
on an
amount recommended by
the victim or survivor of the victim,
the
delinquent child, the
juvenile traffic offender, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information, provided that the
amount the court orders as restitution shall not exceed the amount
of the economic loss suffered by the victim as a direct and
proximate result of the delinquent act or juvenile traffic
offense. If the court decides to order restitution under this
division and the amount of
the restitution is disputed
by the
victim or survivor or by the
delinquent child or juvenile traffic
offender, the court
shall hold a hearing on the
restitution. If
the court requires restitution under this division, the court
shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child or juvenile traffic
offender. All restitution
payments shall be credited
against any
recovery of economic loss
in a civil action brought by
or on
behalf of the victim against
the delinquent child or juvenile
traffic offender or the
delinquent child's or juvenile traffic
offender's parent, guardian,
or other custodian.

If the court requires restitution under this division, the
court may order that the delinquent child or juvenile traffic
offender pay a
surcharge, in
an amount not exceeding five per cent
of the amount
of restitution
otherwise ordered under this
division, to the
entity responsible for
collecting and processing
the restitution
payments.

The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child or
juvenile traffic offender may
file a
motion, for modification of
the payment terms of any
restitution ordered
under this division.
If the court
grants the motion, it may modify the payment terms as
it
determines appropriate.

(4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following:

(a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee;

(b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(D)
of section 307.93,
division
(A) of section
341.19, division
(C) of
section
341.23
or
753.16, division (C) of section 2301.56, or
division
(B) of
section
341.14, 753.02,
753.04,
or
2947.19 of the
Revised Code.

(B) Chapter 2981. of the Revised Code applies to a child who
is adjudicated a delinquent child for
violating
section 2923.32 or
2923.42 of the Revised Code or for committing an act that, if
committed by an adult, would be a felony drug abuse offense.

(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act in violation of section
2923.42 of
the Revised Code. Subject to division (B) of
section
2923.44 and division (E) of section 2923.45 of the
Revised Code, a
delinquent child of that nature loses any right to
the possession
of, and forfeits to the state any right, title, and interest
that
the
delinquent child may have in, property as defined in section
2923.41 of the Revised Code and
further described in section
2923.44
or 2923.45 of the Revised Code.

(C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section.

(D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor.

If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction.

(E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following:

(1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction;

(2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child.

(3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.

Sec. 2981.01. (A) Forfeitures under this chapter shall be
governed by all of the following purposes:

(1) To provide economic disincentives and remedies to deter
and offset the economic effect of offenses by seizing and
forfeiting contraband, proceeds, and certain instrumentalities;

(2) To ensure that seizures and forfeitures of
instrumentalities are proportionate to the offense committed;

(3) To protect third parties from wrongful forfeiture of
their property;

(4) To prioritize restitution for victims of offenses.

(B) As used in this chapter:

(1) "Aircraft" has the same meaning as in section 4561.01 of
the Revised Code.

(2) "Computers," "computer networks," "computer systems,"
"computer software," and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code.

(3) "Financial institution" means a bank, credit union,
savings and loan association, or a licensee or registrant under
Chapter 1321. of the Revised Code.

(4) "Firearm" and "dangerous ordnance" have the same meanings
as in section 2923.11 of the Revised Code.

(5) "Innocent person" includes any bona fide purchaser of
property that is subject to forfeiture, including any person who
establishes a valid claim to or interest in the property in
accordance with section 2923.04 of the Revised Code, and any
victim of an alleged offense.

(6) "Instrumentality" means property otherwise lawful to
possess that is used in or intended to be used in an offense. An
"instrumentality" may include, but is not limited to, a firearm, a
mobile instrumentality, a computer, a computer network, a computer
system, computer software, a telecommunications device, money, and
any other means of exchange.

(7) "Law enforcement agency" includes, but is not limited to,
the state board of pharmacy, the enforcement division of the
department of taxation, and the office of the prosecutor.

(8) "Mobile instrumentality" means an instrumentality that is
inherently mobile and used in the routine transport of persons.
"Mobile instrumentality" includes, but is not limited to, any
vehicle, any watercraft, and any aircraft.

(9) "Money" has the same meaning as in section 1301.01 of the
Revised Code.

(10) "Offense" means any act or omission that could be
charged as a criminal offense or a delinquent act, whether or not
a formal criminal prosecution or delinquent child proceeding began
at the time the forfeiture is initiated. Except as otherwise
specified, an offense for which property may be forfeited includes
any felony and any misdemeanor. The commission of an "offense"
includes the commission of a delinquent act.

(11) "Proceeds" means both of the following:

(a) In cases involving unlawful goods, services, or
activities, "proceeds" means any property derived directly or
indirectly from an offense. "Proceeds" may include, but is not
limited to, money or any other means of exchange. "Proceeds" is
not limited to the net gain or profit realized from the offense.

(b) In cases involving lawful goods or services that are sold
or provided in an unlawful manner, "proceeds" means the amount of
money or other means of exchange acquired through the illegal
transactions resulting in the forfeiture, less the direct costs
lawfully incurred in providing the goods or services. The lawful
costs deduction does not include any part of the overhead expenses
of, or income taxes paid by, the entity providing the goods or
services. The alleged offender or delinquent child has the burden
to prove that any costs are lawfully incurred.

(12) "Property" means "property" as defined in section
2901.01 of the Revised Code and any benefit, privilege, claim,
position, interest in an enterprise, or right derived, directly or
indirectly, from the offense.

(13) "Property subject to forfeiture" includes contraband and
proceeds and may include instrumentalities as provided in this
chapter.

(14) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code. When relevant, "prosecutor" also includes the
attorney general.

(15) "Vehicle" has the same meaning as in section 4501.01 of
the Revised Code.

(16) "Watercraft" has the same meaning as in section 1547.01
of the Revised Code.

(C) The penalties and procedures under Chapters 2923., 2925.,
and 2933. of the Revised Code remain in effect to the extent that
they do not conflict with this chapter.

Sec. 2981.11. (A)(1) Any property that has been lost,
abandoned, stolen, seized pursuant to a search warrant, or
otherwise lawfully seized or forfeited and that is in the custody
of a law enforcement agency shall be kept safely by the agency,
pending the time it no longer is needed as evidence or for another
lawful purpose, and shall be disposed of pursuant to sections
2981.12 and 2981.13 of the Revised Code.

(2) This chapter does not apply to the custody and disposal
of any of the following:

(a) Vehicles subject to forfeiture under Title XLV of the
Revised Code, except as provided in division (A)(6) of section
2981.12 of the Revised Code;

(c) Property held by a department of rehabilitation and
correction institution that is unclaimed, that does not have an
identified owner, that the owner agrees to dispose of, or that is
identified by the department as having little value;

(d) Animals taken, and devices used in unlawfully taking
animals, under section 1531.20 of the Revised Code;

(e) Controlled substances sold by a peace officer in the
performance of the officer's official duties under section
3719.141 of the Revised Code;

(f) Property recovered by a township law enforcement agency
under sections 505.105 to 505.109 of the Revised Code;

(g) Property held and disposed of under an ordinance of the
municipal corporation or under sections 737.29 to 737.33 of the
Revised Code, except that a municipal corporation that has
received notice of a citizens' reward program as provided in
division (F) of section 2981.12 of the Revised Code and disposes
of property under an ordinance shall pay twenty-five per cent of
any moneys acquired from any sale or auction to the citizens'
reward program.

(B)(1) Each law enforcement agency that has custody of any
property that is subject to this section shall adopt and comply
with a written internal control policy that does all of the
following:

(a) Provides for keeping detailed records as to the amount of
property acquired by the agency and the date property was
acquired;

(b) Provides for keeping detailed records of the disposition
of the property, which shall include, but not be limited to, both
of the following:

(i) The manner in which it was disposed, the date of
disposition, detailed financial records concerning any property
sold, and the name of any person who received the property. The
record shall not identify or enable identification of the
individual officer who seized any item of property.

(ii) The general types of expenditures made with amounts that
are gained from the sale of the property and that are retained by
the agency, including the specific amount expended on each general
type of expenditure, except that the policy shall not provide for
or permit the identification of any specific expenditure that is
made in an ongoing investigation.

(c) Complies with section 2981.13 of the Revised Code if the
agency has a law enforcement trust fund or similar fund created
under that section.

(2) Each law enforcement agency that during any calendar year
has any seized or forfeited property covered by this section in
its custody, including amounts distributed under section 2981.13
of the Revised Code to its law enforcement trust fund or a similar
fund created for the state highway patrol, department of public
safety, department of taxation, or state board of pharmacy, shall
prepare a report covering the calendar year that cumulates all of
the information contained in all of the public records kept by the
agency pursuant to this section for that calendar year. The agency
shall send a copy of the cumulative report to the attorney general
not later than the first day of March in the calendar year
following the calendar year covered by the report.

(3) The records kept under the internal control policy shall
be open to public inspection during the agency's regular business
hours. The policy adopted under this section and each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.

(4) Not later than the fifteenth day of April in each
calendar year in which reports are sent to the attorney general
under division (B)(2) of this section, the attorney general shall
send to the president of the senate and the speaker of the house
of representatives a written notice that indicates that the
attorney general received reports that cover the previous calendar
year, that the reports are open for inspection under section
149.43 of the Revised Code, and that the attorney general will
provide a copy of any or all of the reports to the president of
the senate or the speaker of the house of representatives upon
request.

(C) A law enforcement agency with custody of property to be
disposed of under section 2981.12 or 2981.13 of the Revised Code
shall make a reasonable effort to locate persons entitled to
possession of the property, to notify them of when and where it
may be claimed, and to return the property to them at the earliest
possible time. In the absence of evidence identifying persons
entitled to possession, it is sufficient notice to advertise in a
newspaper of general circulation in the county and to briefly
describe the nature of the property in custody and inviting
persons to view and establish their right to it.

(D) As used in sections 2981.11 to 2981.13 of the Revised
Code:

(1) "Citizens' reward program" has the same meaning as in
section 9.92 of the Revised Code.

(2) "Law enforcement agency" includes correctional
institutions.

(3) "Township law enforcement agency" means an organized
police department of a township, a township police district, a
joint township police district, or the office of a township
constable.

Sec. 2981.13. (A) Except as otherwise provided in this
section, property ordered forfeited as contraband, proceeds, or an
instrumentality pursuant to this chapter shall be disposed of,
used, or sold pursuant to section 2981.12 of the Revised Code. If
the property is to be sold under that section, the prosecutor
shall cause notice of the proposed sale to be given in accordance
with law.

(B) If the contraband or instrumentality forfeited under this
chapter is sold, any moneys acquired from a sale and any proceeds
forfeited under this chapter shall be applied in the following
order:

(1) First, to pay costs incurred in the seizure, storage,
maintenance, security, and sale of the property and in the
forfeiture proceeding;

(2) Second, in a criminal forfeiture case, to satisfy any
restitution ordered to the victim of the offense or, in a civil
forfeiture case, to satisfy any recovery ordered for the person
harmed, unless paid from other assets;

(3) Third, to pay the balance due on any security interest
preserved under this chapter;

(4) Fourth, apply the remaining amounts as follows:

(a) If the forfeiture was ordered by a juvenile court, ten
per cent to one or more certified alcohol and drug addiction
treatment programs as provided in division (D) of section 2981.12
of the Revised Code;

(b) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than
a juvenile court, one hundred per cent to the law enforcement
trust fund of the prosecutor and to the following fund supporting
the law enforcement agency that substantially conducted the
investigation: the law enforcement trust fund of the county
sheriff, municipal corporation, township, or park district created
under section 511.18 or 1545.01 of the Revised Code; the state
highway patrol contraband, forfeiture, and other fund; the
department of public safety investigative unit contraband,
forfeiture, and other fund; the department of taxation enforcement
fund; the board of pharmacy drug law enforcement fund created by
division (B)(1) of section 4729.65 of the Revised Code; the
medicaid fraud investigation and prosecution fund; or the
treasurer of state for deposit into the peace officer training
commission fund if any other state law enforcement agency
substantially conducted the investigation. In the case of property
forfeited for medicaid fraud, any remaining amount shall be used
by the attorney general to investigate and prosecute medicaid
fraud offenses.

If the prosecutor declines to accept any of the remaining
amounts, the amounts shall be applied to the fund of the agency
that substantially conducted the investigation.

(c) If more than one law enforcement agency is substantially
involved in the seizure of property forfeited under this chapter,
the court ordering the forfeiture shall equitably divide the
amounts, after calculating any distribution to the law enforcement
trust fund of the prosecutor pursuant to division (B)(4) of this
section, among the entities that the court determines were
substantially involved in the seizure.

(C)(1) A law enforcement trust fund shall be established by
the prosecutor of each county who intends to receive any remaining
amounts pursuant to this section, by the sheriff of each county,
by the legislative authority of each municipal corporation, by the
board of township trustees of each township that has a township
police department, township police district police force, or
office of the constable, and by the board of park commissioners of
each park district created pursuant to section 511.18 or 1545.01
of the Revised Code that has a park district police force or law
enforcement department, for the purposes of this section.

There is hereby created in the state treasury the state
highway patrol contraband, forfeiture, and other fund, the
department of public safety investigative unit contraband,
forfeiture, and other fund, the medicaid fraud investigation and
prosecution fund, the department of taxation enforcement fund, and
the peace officer training commission fund, for the purposes of
this section.

Amounts distributed to any municipal corporation, township,
or park district law enforcement trust fund shall be allocated
from the fund by the legislative authority only to the police
department of the municipal corporation, by the board of township
trustees only to the township police department, township police
district police force, or office of the constable, and by the
board of park commissioners only to the park district police force
or law enforcement department.

(2)(a) No amounts shall be allocated to a fund created under
this section or used by an agency unless the agency has adopted a
written internal control policy that addresses the use of moneys
received from the appropriate fund.
The appropriate fund shall be
expended only in accordance with that policy and, subject to the
requirements specified in this section, only for the following
purposes:

(i) To pay the costs of protracted or complex investigations
or prosecutions;

(ii) To provide reasonable technical training or expertise;

(iii) To provide matching funds to obtain federal grants to
aid law enforcement, in the support of DARE programs or other
programs designed to educate adults or children with respect to
the dangers associated with the use of drugs of abuse;

(iv) To pay the costs of emergency action taken under section
3745.13 of the Revised Code relative to the operation of an
illegal methamphetamine laboratory if the forfeited property or
money involved was that of a person responsible for the operation
of the laboratory;

(v) For other law enforcement purposes that the
superintendent of the state highway patrol, department of public
safety, prosecutor, county sheriff, legislative authority, board
of township trustees, or board of park commissioners determines to
be appropriate.

(b) The board of pharmacy drug law enforcement fund shall be
expended only in accordance with the written internal control
policy so adopted by the board and only in accordance with section
4729.65 of the Revised Code, except that it also may be expended
to pay the costs of emergency action taken under section 3745.13
of the Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory.

(c) The state highway patrol contraband, forfeiture, and
other fund, the department of public safety investigative unit
contraband, forfeiture, and other fund, the department of taxation
enforcement fund, the board of pharmacy drug law enforcement fund,
and a law enforcement trust fund shall not be used to meet the
operating costs of the state highway patrol, of the investigative
unit of the department of public safety, of the state board of
pharmacy, of any political subdivision, or of any office of a
prosecutor or county sheriff that are unrelated to law
enforcement.

(d) Forfeited moneys that are paid into the state treasury to
be deposited into the peace officer training commission fund shall
be used by the commission only to pay the costs of peace officer
training.

(3) Any of the following offices or agencies that receive
amounts under this section during any calendar year shall file a
report with the specified entity, not later than the thirty-first
day of January of the next calendar year, verifying that the
moneys were expended only for the purposes authorized by this
section or other relevant statute and specifying the amounts
expended for each authorized purpose:

(a) Any sheriff or prosecutor shall file the report with the
county auditor.

(b) Any municipal corporation police department shall file
the report with the legislative authority of the municipal
corporation.

(c) Any township police department, township police district
police force, or office of the constable shall file the report
with the board of township trustees of the township.

(d) Any park district police force or law enforcement
department shall file the report with the board of park
commissioners of the park district.

(e) The superintendent of the state highway patrol and the
tax commissioner shall file the report with the attorney general.

(f) The executive director of the state board of pharmacy
shall file the report with the attorney general, verifying that
cash and forfeited proceeds paid into the board of pharmacy drug
law enforcement fund were used only in accordance with section
4729.65 of the Revised Code.

(g) The peace officer training commission shall file a report
with the attorney general, verifying that cash and forfeited
proceeds paid into the peace officer training commission fund
pursuant to this section during the prior calendar year were used
by the commission during the prior calendar year only to pay the
costs of peace officer training.

(D) The written internal control policy of a county sheriff,
prosecutor, municipal corporation police department, township
police department, township police district police force, office
of the constable, or park district police force or law enforcement
department shall provide that at least ten per cent of the first
one hundred thousand dollars of amounts deposited during each
calendar year in the agency's law enforcement trust fund under
this section, and at least twenty per cent of the amounts
exceeding one hundred thousand dollars that are so deposited,
shall be used in connection with community preventive education
programs. The manner of use shall be determined by the sheriff,
prosecutor, department, police force, or office of the constable
after receiving and considering advice on appropriate community
preventive education programs from the county's board of alcohol,
drug addiction, and mental health services, from the county's
alcohol and drug addiction services board, or through appropriate
community dialogue.

The financial records kept under the internal control policy
shall specify the amount deposited during each calendar year in
the portion of that amount that was used pursuant to this
division, and the programs in connection with which the portion of
that amount was so used.

As used in this division, "community preventive education
programs" include, but are not limited to, DARE programs and other
programs designed to educate adults or children with respect to
the dangers associated with using drugs of abuse.

(E) Upon the sale, under this section or section 2981.12 of
the Revised Code, of any property that is required by law to be
titled or registered, the state shall issue an appropriate
certificate of title or registration to the purchaser. If the
state is vested with title and elects to retain property that is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.

(F) Any failure of a law enforcement officer or agency,
prosecutor, court, or the attorney general to comply with this
section in relation to any property seized does not affect the
validity of the seizure and shall not be considered to be the
basis for suppressing any evidence resulting from the seizure,
provided the seizure itself was lawful.

Section 3. Sections 1 and 2 of this act shall take effect on
July 1, 2007.

Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
it is crucial that this act's elimination of the unnecessary and
inconsistent language and its inclusion of the omitted language
regarding the Department of Taxation occur on July 1, 2007, which
is the
effective date of Sub. H.B. 241 of the 126th General
Assembly.
Therefore, this act shall go into immediate effect.